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  • Abella v. COMELEC

    Transféré par

    Karlo Dialogo
    184 vues1 page
    The COMELEC disallowed Abella from assuming the position of governor after Larrazabal, who obtained the highest number of votes, was disqualified. Abella claimed the cases cited by COMELEC were different from his case. However, the Supreme Court ruled that while Abella's case was originally filed to deny Larrazabal's candidacy, the election still proceeded with Larrazabal as a candidate. Voters voted for Larrazabal believing she was qualified. Therefore, like the cases cited, since the candidate with the highest votes was disqualified, the second place candidate could not assume the vacated position. The nature of the original proceedings did not matter—what mattered was that

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    The COMELEC disallowed Abella from assuming the position of governor after Larrazabal, who obtained the highest number of votes, was disqualified. Abella claimed the cases cited by COMELEC were different from his case. However, the Supreme Court ruled that while Abella's case was originally filed to deny Larrazabal's candidacy, the election still proceeded with Larrazabal as a candidate. Voters voted for Larrazabal believing she was qualified. Therefore, like the cases cited, since the candidate with the highest votes was disqualified, the second place candidate could not assume the vacated position. The nature of the original proceedings did not matter—what mattered was that

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    184 vues1 page

    Abella v. COMELEC

    Transféré par

    Karlo Dialogo
    The COMELEC disallowed Abella from assuming the position of governor after Larrazabal, who obtained the highest number of votes, was disqualified. Abella claimed the cases cited by COMELEC were different from his case. However, the Supreme Court ruled that while Abella's case was originally filed to deny Larrazabal's candidacy, the election still proceeded with Larrazabal as a candidate. Voters voted for Larrazabal believing she was qualified. Therefore, like the cases cited, since the candidate with the highest votes was disqualified, the second place candidate could not assume the vacated position. The nature of the original proceedings did not matter—what mattered was that

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme DOCX, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 1

    Abella v.

    Comelec

    Facts: Abella obtained the second highest number of votes, next to Larrazabal in the local election in the
    province of Leyte. The COMELEC en banc, after affirming the decision of its second division disqualifying
    Larrazabal as governor disallowed Abella from assuming position of governor in accordance with section
    6, Republic Act No. 6646 and the rulings in the cases of Frivaldo v. Commission on Elections and Labo, Jr.
    v. Commission on Elections.

    Abella claims that the Frivaldo and Labo cases were misapplied by the COMELEC. According to
    him these cases are fundamentally different in that the Frivaldo and Labo cases were petitions for  quo
    warranto filed under section 253 of the Omnibus Code, contesting the eligibility of the respondents after
    they had been proclaimed duly elected to the Office from which they were sought to be unseated while
    his case, which was filed before proclamation under section 78 of the Omnibus Election Code, sought to
    deny due course to Larrazabal's certificate of candidacy for material misrepresentations and was
    seasonably filed on election day. He, therefore, avers that since under section 6 of Republic Act 6646 it is
    provided therein that:

    Any candidate who has been declared by final judgment to be disqualified shall not be voted for,
    and the votes case for him shall not be counted.

    the votes cast in favor of Larrazabal who obtained the highest number of votes are not considered
    counted making her a non-candidate, he, who obtained the second highest number of votes should be
    installed as regular Governor of Leyte.

    Issue: Whether or not Comelec did err in applying the said doctrines.

    Ruling: No.

    While it is true that SPC No. 88-546 was originally a petition to deny due course to the certificate
    of candidacy of Larrazabal and was filed before Larrazabal could be proclaimed, the fact remains that
    the local elections of February 1, 1988 in the province of Leyte proceeded with Larrazabal considered as
    a bona-fide candidate. The voters of the province voted for her in the sincere belief that she was a
    qualified candidate for the position of governor. Her votes were counted and she obtained the highest
    number of votes. The net effect is that the petitioner lost in the election. He was repudiated by the
    electorate. In the Frivaldo and Labo cases, this is precisely the reason why the candidates who obtained
    the second highest number of votes were not allowed to assume the positions vacated by Frivaldo the
    governorship of Sorsogon, and Labo, the position of mayor in Baguio City. The nature of the proceedings
    therefore, is not that compelling. What matters is that in the event a candidate for an elected position
    who is voted for and who obtains the highest number of votes is disqualified for not possessing the
    eligibility requirements at the time of the election as provided by law, the candidate who obtains the
    second highest number of votes for the same position cannot assume the vacated position.

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